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Your current state is Virginia
I was divorced in New Jersey, but I am now living in Pennsylvania as the custodial parent. The existing child support provisions are based on New Jersey state law. My children are 19 and 16, and the 19-year-old is enrolled full-time in college. There have been court order changes since the... View More 
answered on Apr 24, 2025
Your question is covered by the Uniform Interstate Family Support Act (UIFSA) since it addresses the issue of a form of child support - college contribution. The issue is whether as a result of your move to Penn, does Penn law now apply to the issue of contribution for college, since the laws in... View More
I'm filing for a dissolution myself in Lorain County, Ohio. Due to my spouse's history of violating my boundaries, I'm concerned he will show up unannounced if he knows my address. There are no children or shared assets involved, and I haven't spoken with anyone regarding... View More
answered on Apr 24, 2025
Check the local rules in your jurisdiction, and speak to your county clerk's office. Many have a specific option to retain a confidential address on pleadings, but you must specifically ask for that protection (either by separate form or verification with the clerk). The clerk will still want... View More
I have been married for 6 years, and we have no properties or children. I am retired and my spouse has been supporting me financially during our marriage. We have not discussed alimony yet, but I believe I deserve alimony for 3 years and I am seeking legal advice on how to proceed.
answered on Apr 23, 2025
Not sure what you mean by "how to proceed". If you want alimony, click the box for "spousal support" on your Petition (or Response), then concurrently with filing your Petition (or Response), file a Request for Order to get temporary spousal support orders in place while your... View More
How and what do I do to enforce the settlement.
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answered on Apr 23, 2025
Under the Uniform Enforcement of Foreign Judgments Act (UEFJA), to enforce the terms of a settlement from an out of state divorce judgment you’ll first need to domesticate (legally recognize) the Ohio judgment in Illinois where the obligor/ offending party resides. After this is done you can... View More
How and what do I do to enforce the settlement.
answered on Apr 23, 2025
It depends on the issue outstanding. If the issue has to do with enforcement of child support or custody / parenting time, there are uniform laws applicable to determine which state has jurisdiction. If the issue has to do with equitable distribution, that is different issue and different rules... View More
I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More
answered on Apr 23, 2025
Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More
I am concerned about a situation where a doctor used a family member, who was the brother-in-law of a schizophrenia patient and living in the same household, to translate medical conversations without consent. The patient, who was under stress due to her living situation, cannot recall much of... View More
answered on Apr 21, 2025
You don't tell us who you are, nor do you specify the basis of your proposed lawsuit. To summarize, you are somehow related to an individual suffering from schizophrenia. The individual's brother-in-law translated medical conversations with unknown persons, in an unknown context, while... View More
I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More
answered on Apr 21, 2025
You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More
In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More
answered on Apr 21, 2025
You can IF you both agree to this provision. In reality, you will find that a clause like this is difficult to enforce. What if someone spends the night, or two nights, is that a violation? Speak with a local family lawyer for more specific advice.
In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More
answered on Apr 21, 2025
You may include that provision in the Settlement Agreement, but ensure it contains precise terms that clearly reflect both parties' intentions. Specific language regarding obligations, timelines, and remedies for non-compliance will help prevent future disputes and facilitate enforcement. I... View More
I am a retired teacher in New Jersey and have been married for 50 years. I earned my degree before the marriage, and the district paid for additional courses, which added to my pension. How is my pension divided during a divorce, considering these factors?
answered on Apr 19, 2025
Lets start with the fact that you were married for 50 year and presumably, 100% of your employment as a teacher occurred during your marriage. As to your education prior to your 50 years of marriage, its meaningless as to how a judge will divide up the pension benefits. As to your educational... View More
In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?
answered on Apr 21, 2025
There should be language in the order that says what kind of overnight guests are not permitted. If it specifically addresses overnight guests that are not related, that you are in a romantic relationship with, but are not married too, getting married probably makes them acceptable to live with,... View More
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
I contributed to purchasing a house and made the down payment. During my marriage, I also made mortgage payments. We have been divorced for 8 years, and now my ex-spouse is selling the house. My name is only on the deed, and we did not discuss the house during the divorce proceedings. Should I... View More
answered on Apr 16, 2025
The time to address the home and any other real or personal property was during your divorce. If the house, your contributions, and ownership was not addressed in the divorce, you have likely lost your right to ask for anything at this point, as your divorce was finalized 8 years ago.
In a divorce with no children and no prenuptial agreements, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000... View More
answered on Apr 14, 2025
Yes, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000 with a mortgage balance of $75,000, and a 401K worth... View More
I was divorced in 2017, and my ex got primary custody of the kids. He took me back to court for more child support and to claim both kids on taxes in 2021. During this agreement, we agreed that he would pay for the first $480 of non-covered medical expenses and then we would both pay 50/50 after... View More
answered on Apr 14, 2025
When the Court looks at enforcing the terms of a court order, the Court looks at the actual language of the Court order. While it is the standard for the custodial parent to pay the first $480 (now $250) in unreimbursed health/medical expenses, not all orders have that language. For example, many... View More
I am currently going through a divorce in Georgia, and although my spouse and I initially agreed, signed, and filed all the necessary divorce paperwork, I ran into an issue. I was informed that I needed a parenting seminar certificate and a child support addendum and worksheet. However, my spouse... View More
answered on Apr 16, 2025
A child support addendum would need to be signed by both parties if this has been filed as an uncontested divorce. If the other spouse refuses to sign a document that the court requires in order to sign a final judgment, then you do not have an uncontested divorce and may have a trial. I would be... View More
I'm seeking guidance on filing for a divorce. We have been married for six years and share three children. My spouse and I both agree on getting a divorce, and there are no assets to split. We haven't started any legal proceedings yet, and I'm not looking for a specific custody... View More
answered on Apr 16, 2025
You should hire an attorney to file for divorce. Either you and your spouse will have to come to an agreement on custody, visitation, child support, & the distribution of assets and debts, or you will have to have a trial.
I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More
answered on Apr 16, 2025
I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More
I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More
answered on Apr 13, 2025
Yes, you may be able to reinstate or enforce alimony if your ex-husband stopped paying without a court order modifying the obligation. The pension buyout alone does not terminate court-ordered alimony. However, your 2017 remarriage likely ended future alimony. You may still pursue arrears from... View More
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